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Item R01
R.1 n0 ca County ®� �/�OI�®e � �"', BOARD OF COUNTY COMMISSIONERS l�l Mayor Sylvia Murphy, District 5 -Ile Florida, Keys Mayor Pro Tern Danny Kolhage, District 1 Michelle Coldiron, District 2 Heather Carruthers, District 3 David Rice, District 5 County Commission Meeting February 20, 2019 Agenda Item Number: R.1 Agenda Item Summary #4763 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper (305) 289-2506 3:00 P.M. PUBLIC HEARING AGENDA ITEM WORDING: A public hearing of an ordinance by the Monroe County Board of County Commissioners amending the Monroe County Comprehensive Plan as a small-scale comprehensive plan amendment pursuant to Section 163.3187, Florida Statutes, creating Policy 107.1.7 Coco Palms Affordable Housing Subarea; Establishing the boundary of the Coco Palms Affordable Housing Subarea; Limiting the permitted uses of the subarea to deed restricted affordable housing dwelling units; limiting maximum net density for affordable housing in the subarea; and eliminating allocated density and floor area ratio for property located at 21585 Old State Road 4A, Cudjoe Key, having real estate 9 00174960-000000, as proposed by Smith Hawks, PL on behalf of Mobile Homes Holdings Coco, LLC; to accompany a proposed amendment to the Future Land Use Map (FLUM) from Residential High (RH) and Residential Conservation (RC) to Mixed Use / Commercial (MC). (File 92018-050) ITEM BACKGROUND: On March 15, 2018, the Planning and Environmental Resources Department received an application from Smith Hawks, PL on behalf of Mobile Home Holdings Coco, LLC (the "Applicant") to amend the Monroe County Year 2030 Comprehensive Plan to create Policy 107.1.7 "Coco Palms Affordable Housing Subarea" to accompany a proposed Future Land Use Map (FLUM) amendment from Residential High (RH) and Residential Conservation (RC) to Mixed Use/Commercial (MC) for a portion of property located at 21585 Old State Road 4A on Cudjoe Key. The proposed subarea policy would provide additional development restrictions on the upland portion of the subject parcel, including a limitation that the only permitted use on the property would be affordable housing and accessory uses. The proposed subarea policy and FLUM amendment would be processed as "small-scale comprehensive plan amendments" pursuant to Section 163.3187, Florida Statutes, based on the size of the site and the limitation of development to affordable housing. The Applicant has also requested a corresponding Land Use District (Zoning) map amendment for the subject property from Urban Residential -Mobile Home (URM) and Native Area (NA) to Suburban Commercial (SC), both of which are scheduled for public hearing before the BOCC at the Packet Pg. 1824 R.1 February 20, 2019 regular meeting. In the application materials, the Applicant states that the reason for the proposed amendments is "to ensure the Property is only utilized for affordable housing and accessory uses .... to bolster the ability for residents to obtain affordable housing proximity to Key West and Marathon employment centers .... and on changed projections, especially in light of the loss of resident housing as a result." The Applicant cites the following documents/data: 1. Florida Housing data compiled by the University of Florida; and 2. Monroe County Affordable Housing Report dated November 2007. This data indicates that in 2009, 37% of Monroe County households pay more than 30% of their income for housing and 18% of Monroe County households pay more than 30% of their income for housing'. The Applicant's full explanation and justification of the proposed amendments is included in the file for the application (File 92018-050). In accordance with LDC Section 102-158(a), a concept meeting was held on May 9, 2018 to discuss proposed Comprehensive Plan text amendment. It was determined that the proposed text amendment will not have a county -wide impact because it is a proposed site specific sub -area policy that would affect the one (1) parcel identified in the application. In accordance with LDC Sections 102-158(a) and 102-159(b), a community meeting was held on May 31, 2018 at 5:30 PM to discuss the proposed Comprehensive Plan text amendment, and corresponding proposed Future Land Use Map (FLUM) and Land Use District (Zoning) Map amendments, and provide for public participation. The was one attendee and the main topic of conversation was the total number of units on the site and potential site layout and configuration options for the additional dwelling units. The proposed text amendment and associated map amendments were reviewed by the Monroe County Development Review Committee at a public meeting on May 29, 2018 and was recommended for approval through DRC Resolution 24-18. The Planning Commission considered the proposed text amendment at a public hearing on July 25, 2018. At the July 25, 2018 meeting, following review of the proposal and input from the public, the Planning Commission adopted Resolution P25-18, recommending approval with changes as discussed during the hearing, to specify that the sixteen (16) new units would consist of five (5) moderate income, five (5) median income and six (6) low income affordable allocations. The Applicant's proposed text, as submitted on March 12, 2018, is shown in green and underlined, deletions are stfi ke thr- ,u-g . The Applicant submitted revised text on July 9, 2018 and July 12, 2018 that is shown in blue and underlined, deletions are stf:ieken thf:e#o. Based on the analysis provided in the table on the previous pages, staff s recommended changes to the proposed text amendment are as follows (staff recommendations are shown with deletions in purple with a and additions in purple with a double underline); changes recommended by the Planning Commission in Resolution P25-18 (includes changes proposed by staff as noted above changes by the Planning Commission at the Planning Commission hearing) are ' According to HUD, "cost -burdened" households pay more than 30% of their income for rent or mortgage costs. Packet Pg. 1825 shown orange with deletions shown as aand additions in as a double underline. Following the July 15, 2018 Planning Commission Meeting, to resolve concerns raised about the applicability of Florida Statutes Chapter 723, the applicant submitted revised text on December 20, 2018 shown in red and underlined, deletions are sti4 ke *h..eu-g4. Staff recommendations are shown with deletions in highlighted purple with a and additions in highlighted purple with a double underline: Policy 107.1.7 Coco Palms Affordable Housing Sub-Aarea The purpose of Coco Palms Affordable Housing Sub—Aarea is to implement applicable goals, objectives, and policies of the Comprehensive Plan to promote and facilitate development of affordable housing to meet the needs of Monroe County. 1) Boundary. The Coco Palms Affordable Housing Sub—Aarea shall `'W 9-- @ include the upland portion of the property having Real Estate Number 00174960-000000, which consists of approximately 2.30 acres of upland, and is legally described as follows (upland portion Packet Pg. 1826 R.1 LEGAL DESCRIPTION (Upland): A portion of Lot 30 Socorma a subdivision of Government Lots 3 and 4 in Section 29, Township 66 South, Range 28 East, Cudjoe Key, Monroe County, Florida, recorded in Plat Book 2, Page 48 of the Public Records of Monroe County, Florida, and being more particularly described as follows: BEGIN at the Southwest corner of said Lot 30; thence N 00'28'49" W along the Westerly Line of said Lot 30 for a distance of 431.51 feet; thence N 49'54'16" E a distance of 6.89 feet; thence N 62'43'59" E a distance of 17.84 feet; thence N 74'45'27" E for a distance of 25.07 feet; thence N 52'36'11" E for a distance of 6.C4 feet; thence N 18'29'29" E for a distance of 10.62 feet; thence N 13'02'59" E for a distance of 26.10 feet; thence N 51'09'27" E for a distance of 8.57 feet'; thence N 76'25'20" E for a distance of 49.23 feet; thence N 83'33'07" E for a distance of 20.97 feet; thence N 71'51'34" E for a distance of 29.93 feet; thence S 75'26'35" E for a distance of 8.32 feet; thence S 36'22'15" E for a distance of 16.80 feet; thence S 1741'11" E for a distance of 31.84 feet; thence S 13'57'59" E for a distance of 38.49 feet; thence S 26'21'12" E for a distance of 5.72 feet to the Easterly Line of said Lot 30; thence S 00'28'49' E along the said said Easterly Line of said Lot 30 for a distance of 464.64 feet to the Southeast corner of said Lot 30; thence N 79'07'38" W along the South Line of said Lot 30 (also being the Northerly Right —of —Way Line of Old State Road 4A) for a distance of 91.48 feet to a point of curvature of a curve concave to the South; thence in a Westerly direction along the curve, having a radius of 2025.86 feet; a Central angle of 03'09'58", a chord bearing of N 80'42'37" W and a chord length of 111.93 feet, for an arc distance of 111.95 feet to the Point of Beginning. Containing 100,371 sq. ft. or 2.3 Acres, more or less. 1 00174960-000000 Cudjoe Key Mile Marker 22 2) Land Use Designations. The Coco Palms Affordable Housiniz S Subarea shall be subject to all regulations Mpplicable to the Mixed Use / Commercial (MC) Future Land Use Map designation and the Suburban Commercial (SC) Land Use District (Zoning) category, as well as the additional restrictions set forth in this Policy. Where conflicts may arise, the specific restriction in this Sub Area Policy shall supersede the general criteria applicable to the underlying Future Land Use designation and Land Use District (Zoning) Category. In no case shall the subarea policv allow development potential greater than the underlviniz FLUM category or Land Use (Zoning) District 3) Density Provisions a) For consistencv with Policv 101.5.26. in order to implement the Florida Kevs Carrying Capacity Study and maintain the overall County allocated density and the preservation of native habitat, the allocated density for the Coco Palms Affordable Housing Sub-Aarea shall be sevef w j;' zero 0 . b) There shall be no maximum net density standard available for market rate dwelling units or transient units. c) The maximum floor area ratio (F.A.R.) for all nonresidential uses within the subarea shall be zero. Packet Pg. 1827 R.1 d) In accordance with Policy '�0 101.5.25, the followingdensity ensity and intensity standards shall be Mpplicable to the Coco Palms Affordable Housing Sub-Aarea. Estimated Maximum Development Potential Land Use Allocated Maximum Net Density Gross Upland Area of Open Space Ratio Buildable Area Development Density Potential Site Market Rate 0 du/acre N/A N/A N/A N/A 0 du/acre Dwelling Units Affordable Dwelling Units 0 du/acre 18 du/ 2.30 acres* 0.20 1.84 33 du* buildable acre Transient Units 0 du/acre 0 du/acre N/A N/A N/A 0 du/acre Nonresidential N-4A 0.0 N/A N/A N/A N/A 0 sf Uses FAR * 100,359 sf (2.3 acres) per survey per survey by Frederick H. Hildebrandt, Island Surveying. Inc.. dated 12/5/17. 4) Only the land uses listed below shall be permitted within the Coco Palms Affordable Housing Sub -Aarea a) Permitted as of right. i. Deed restricted attached or detached affordable dwelling units; involving less than six units. desisinated as emplovee housinsi as provided for in LDC Section 139-1 ii. Accessory Usk iii. Replacement of deed restricted affordable dwelling units (mobile homes) which are as of the effective date of this Policy subject to Chapter 723, Florida Statutes, in the event of substantial damage or destruction, for so long as such deed restricted affordable dwelling units (mobile homes) are subiect to Ch. 723. Florida Statutes. b) Permitted as a minor conditional use subiect to the standards and procedures set forth in the Monroe County Land Development Code Chapter 110, Article III. i. Attached or detached deed restricted affordable dwelling units involving six (6) or more units, designated as employee housing as provided for in Section 139-1 of the Land Development Code. c) Permitted use limitations. Packet Pg. 1828 R.1 i. All residential units constructed within the subarea shall be deed restricted affordable in accordance with Policy 601.1.4 ii. No market rate housing shall be allocated, assigned, transferred to the Coco Palms Affordable Housing Sub—Aarea, or otherwise developed within the Coco Palms Affordable Housing Sub-Aarea-= iii. Properties within the Coco Palms Affordable Housing Sub-Aarea shall not be eligible sender sites for affordable housing ROGO exemptions or TREs; aad iv. No other residential or nonresidential uses shall be permitted within the subarea. -;-and vii. All new residential units developed within the subarea shall be subject to the ROGO permit allocation system.=and the resulting sixteen (16) new units shall consist of five (5) moderate income. five (5) median income and six (6) low income affordable allocations. The two main changes in the revised text submitted on December 20, 2018 are to address applicability of Florida Statutes Chapter 723 to two (2) of the mobile homes on the property and to specify the permitted and conditional uses within the proposed subarea policy text. Staff has found that the addition of language allowing for the replacement of deed restricted affordable dwelling units (mobile homes) which are subject to Chapter 723, Florida Statutes, may be permitted, for so long as such deed restricted affordable dwelling units (mobile homes) are subject to Ch. 723, Florida Statutes, provides sufficient protection for the mobile home owners and complies with Florida Statues. The proposed subarea policy would allow the development of up to five (5) attached or detached affordable dwelling units, designated as employee housing as provided for in LDC Section 139-1, as -of -right. The development of six (6) or more attached or detached deed restricted affordable dwelling units, designated as employee housing as provided for in LDC Section 139-1, would require a minor conditional use. Currently, the Suburban Commercial (SC) zoning district allows to the development of up to 6 attached or detached deed restricted affordable dwelling units, designated as employee housing as provided for in LDC Section 139-1, as a permitted use; the development of 6 to 18 attached or detached deed restricted affordable dwelling units, designated as employee housing as provided for in LDC Section 139-1, as a minor conditional use and the development of more than 18 attached or detached deed restricted affordable dwelling units, designated as employee housing as provided for in LDC Section 139-1, as a major conditional use. Through the processing of a text amendment to establish a subarea policy in the Comprehensive Plan, the density, intensity, permitted and conditional uses, prohibited uses and location are clearly identified, discussed and evaluated. Additionally, the proposed subarea policy includes a specific distribution of affordable allocations in the low, median and moderate income categories as recommended by the Planning Commission through Resolution P25-18. Packet Pg. 1829 R.1 A minor conditional use approval is reviewed by Staff and the Development Review Committee, and may be approved by the Planning Director. The Planning Director has the authority to impose conditions on a minor conditional use approval. Additionally, this process still allows for public input and engagement. ------------------ Assuming the BOCC approves the proposed comprehensive plan amendment, the executed ordinances will be filed with the Secretary of State. Pursuant to Section 163.3187, F.S., a small scale amendment may not become effective until 31 days after adoption and any affected person may file a petition with the Division of Administrative Hearings pursuant to Sections 120.569 and 120.57, F.S., to request a hearing to challenge the compliance of a small scale development amendment with this act within 30 days following the local government's adoption of the amendment. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners consider the recommendation of the Planning Commission to include an income category distribution for the dwelling units. For the proposed amendment creating Policy 107.1.7, based on the analysis to date and with the staff -recommended changes as stated in the staff report and shown in the ordinance attached as an exhibit, staff is recommending approval of the proposal to incentivize affordable employee housing on a Tier III property, specifically including the limitation that the only permitted use on the property would be affordable housing at a density of 18 dwelling units per buildable acre, not to exceed a total of 33 dwelling units on the site. DOCUMENTATION: 2018-050_BOCC _Staff Report 2018-050 Ordinance FINANCIAL IMPACT: Effective Date: N/A Expiration Date: N/A Total Dollar Value of Contract: N/A Total Cost to County: N/A Current Year Portion: N/A Budgeted: N/A Source of Funds: CPI: N/A Packet Pg. 1830 R.1 Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: N/A Grant: N/A County Match: N/A Insurance Required: N/A Additional Details: N/A REVIEWED BY: If yes, amount: N/A Emily Schemper Completed Assistant County Administrator Christine Hurley O1/25/2019 11:45 AM Steve Williams Completed Maureen Proffitt Completed Budget and Finance Completed Maria Slavik Completed Kathy Peters Completed Board of County Commissioners Pending O1/25/2019 11:40 AM Completed O1/28/2019 10:11 AM O1/28/2019 1:46 PM O1/28/2019 2:29 PM O1/28/2019 2:34 PM O1/28/2019 4:59 PM 02/20/2019 9:00 AM Packet Pg. 1831 R.1.a MIT 2 I 3 �r 4 MEMORANDUM 5 MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT 6 We strive to be caring, professional and fair 8 To: Monroe County Board of County Commissioners 9 10 Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources 11 12 From: Cheryl Cioffari, AICP, Comprehensive Planning Manager 13 14 Date: January 8, 2019 15 16 Subject: An Ordinance by the Monroe County Board of County Commissioners amending the 17 Monroe County Comprehensive Plan as a small-scale comprehensive plan amendment 18 pursuant to Section 163.3187, Florida Statutes, creating Policy 107.1.7 Coco Palms 19 Affordable Housing Subarea; Establishing the boundary of the Coco Palms Affordable 20 Housing Subarea; limiting the permitted uses of the subarea to deed restricted affordable 21 housing dwelling units; limiting maximum net density for affordable housing in the 22 subarea; and eliminating allocated density and floor area ratio for property located at 21585 23 Old State Road 4A, Cudjoe Key, as proposed by Smith Hawks, PL on behalf of Mobile 24 Homes Holdings Coco, LLC; to accompany a proposed amendment to the Future Land Use 25 Map (FLUM) from Residential High (RH) and Residential Conservation (RC) to Mixed 26 Use / Commercial (MC). (File 92018-050) 27 28 Meeting: February 20, 2019 29 30 31 L REQUEST 32 33 On March 15, 2018, the Planning and Environmental Resources Department received an application 34 from Smith Hawks, PL on behalf of Mobile Home Holdings Coco, LLC (the "Applicant') to amend 35 the Monroe County Year 2030 Comprehensive Plan to create Policy 107.1.7 "Coco Palms Affordable 36 Housing Subarea" to accompany a proposed Future Land Use Map (FLUM) amendment from 37 Residential High (RH) and Residential Conservation (RC) to Mixed Use/Commercial (MC) for a 38 portion of property located at 21585 Old State Road 4A on Cudjoe Key. 39 40 The proposed subarea policy would provide additional development restrictions on the upland portion 41 of the subject parcel, including a limitation that the only permitted use on the property would be 42 affordable housing and accessory uses. The proposed subarea policy and FLUM amendment would 43 be processed as "small-scale comprehensive plan amendments" pursuant to Section 163.3187, Florida 44 Statutes, based on the size of the site and the limitation of development to affordable housing. The 45 Applicant has also requested a corresponding Land Use District (Zoning) map amendment for the 46 subject property from Urban Residential -Mobile Home (URM) and Native Area (NA) to Suburban SR BOCC 01.23.19 Page 1 of 28 File 2018-050 Packet Pg. 1832 R.1.a I Commercial (SC). The subject of this staff report is the proposed comprehensive plan subarea policy 2 (text amendment). 3 4 5 II. BACKGROUND INFORMATION 6 7 Site Information: 8 Location: MM 22, Cudjoe Key 9 Address: 21585 Overseas Highway 10 Description: Lot 30, Sacarma, Plat Book 2, Page 48, Cudjoe Key, Monroe County, Florida 11 Real Estate Numbers: 00174960-000000 12 Owner/Applicant: Mobile Homes Holdings Coco, LLC 13 Size of Property: 2.3 acres per survey by Island Surveying, Inc., dated 9/8/08 and signed 14 2/22/18. (2.34 acres per Monroe County Property Appraiser) 15 Size of Affected Portion of Property: 73,931 SF (1.7 acres) per survey by Frederick H. 16 Hildebrandt, Island Surveying, Inc., dated 12/5/17. 17 FLUM Designations: Mixed Use/Commercial (MC), Residential High (RH) and Residential 18 Conservation (RC) 19 Land Use Districts: Suburban Commercial (SC), Urban Residential Mobile Home (URM) and 20 Native Area (NA) 21 Tier Designation: III 22 Flood Zones: AE (EL 10) 23 CBRS: No 24 Existing Use: Developed with 17 mobile homes which are deed restricted affordable to a 25 Declaration of Affordable Housing Deed Restriction recorded in the Public Records of Monroe 26 County at Official Records Book 2747, Pages 1667-1677. 27 Existing Vegetation/Habitat: Mangrove, Buttonwood, Developed Land and Submerged Land 28 Community Character of Immediate Vicinity: Adjacent land uses include vacant land to the 29 west, open water to the north, commercial and residential uses to the east, and single-family and 30 multi -family residential uses to the south across US1. 31 32 The subject property currently has Land Use District (Zoning) designations of Suburban Commercial 33 (SC), Urban Residential Mobile Home (URM) and Native Area (NA) and Future Land Use Map 34 (FLUM) designations of Mixed Use/Commercial (MC), Residential High (RH) and Residential 35 Conservation (RC). The property was partially within a BU-2 district (Medium Business) and RU-5P 36 (mobile Home Park Residential) prior to September 15, 1986. The mobile home park area of the site 37 was entirely within the RU-5P district. With the adoption of the Comprehensive Plan's FLUM in 38 1997, the subject parcels were given their current FLUM designation of Mixed Use/Commercial (MC), 39 Residential High (RH) and Residential Conservation (RC). 40 41 The subject property was historically used as a mobile home and RV park (Rainbow's End Trailer 42 Park) and restaurant (Coco's Cantina) dating back to the 1970s. The property is currently developed 43 with 17 mobile homes and mostly scarified land. In the shoreline area of the property, there is 44 mangrove habitat (based on GIS habitat data). A vegetation survey/existing conditions report was not 45 submitted with the application to confirm the habitats. 46 SR BOCC 01.23.19 Page 2 of 28 File 2018-050 Packet Pg. 1833 R.1.a I The Applicant is requesting a text amendment to the Monroe County Comprehensive Plan to establish 2 a site specific subarea policy to accompany a concurrently proposed Future Land Use Map amendment 3 for the upland portion of the property from Residential High (RH) and Residential Conservation (RC) 4 to Mixed Use/Commercial (MC) and a proposed Land Use District (Zoning) Map amendment for the 5 upland portion of the property from Urban Residential -Mobile Home (URM) and Native Area (NA) 6 to Suburban Commercial (SC). The subject of this staff report is the proposed text amendment to 7 the Comprehensive Plan. 9 In the application materials, the Applicant states that the reason for the proposed amendments is "to 10 ensure the Property is only utilized for affordable housing and accessory uses .... to bolster the ability 11 for residents to obtain affordable housing proximity to Key West and Marathon employment 12 centers .... and on changed projections, especially in light of the loss of resident housing as a result." 13 14 The Applicant cites the following documents/data: 15 1. Florida Housing data compiled by the University of Florida; and 16 2. Monroe County Affordable Housing Report dated November 2007. 17 18 This data indicates that in 2009, 37% of Monroe County households pay more than 30% of their 19 income for housing and 18% of Monroe County households pay more than 30% of their income for 20 housings. 21 22 The Applicant's full explanation and justification of the proposed amendments is included in the file 23 for the application (File 92018-050). 24 25 Staff has reviewed the Applicant's position and supporting documentation, and agrees with the 26 position that inadequate availability of affordable housing is currently a primary issue facing 27 permanent residents of unincorporated Monroe County. In 2015, the BOCC acknowledged the 28 County's workforce housing issues and adopted Resolution 189-2015, assigning additional duties to 29 the Affordable Housing Advisory Committee directing the committee to make recommendations for 30 steps the County may take to address the need for more workforce housing options. The committee 31 presented their recommendations to the BOCC at their regular meeting on August 17, 2016. The 32 BOCC held a special meeting on December 6, 2016, to discuss the recommendations, and provided 33 direction to staff to move forward on several measures to encourage and incentivize the provision of 34 affordable and workforce housing within the County. 35 36 The 2014 ALICE report indicates that renters in the Lower Keys areas are significantly housing 37 burdened over 35%, as follows: by 68% in Key West, by 69% in Stock Island, by 72% in Big Coppitt, 39 by 56% in the Lower Keys and by 42% in Big Pine Key. According to HUD, "cost -burdened" households pay more than 30% of their income for rent or mortgage costs. SR BOCC 01.23.19 Page 3 of 28 File 2018-050 Packet Pg. 1834 R.1.a 1 2 E 5 6 7 8 9 KEY FACTS AND ALICE STATISTICS FOR MONROE COUNTY (Frain thr, .=Lf1C l F16mila "rt: Study nj FitramialI fardrbip, full, 2014, .'1jrl4wrAx E f) Big Co Fitt lie` ,AI4)nrIyC f;nuntv PapalatioN 110&selvida I'aly'+rl G 11J(1 Aivw IL_1 f: t'nernplal i' IaNrrxp Bkrderr river Iloiuinffllydep *ivr •l bre.d el °a mrnl Rate 35°i, (lrr'rrrr 35',, h"rnler 2016 1833 12% 35' • — 53°!a 9% 55% 1 72% Big Pine K /Monros Coun POP&Ielrhin 110••rr+1 , 0 G'o . lLIC1. 11©a - I lc r i+.:; 8crrrlen am Ilourixg f3m&fl awr n ]air 35 hrmrr 35°� Rtrnlrr 3777 1619 I oP ' 35'.', 5t d 44',.:. 42"/o Key West liisprlstlrrrr 11°NJPfN1all.f f�4fTr'r1' no •11JC.f: i!YUr'e:3fJc.1: 1 IICHrf+101'- i1BN,il1/�i 1i,rlrleN P+tYr f 119lfJrd� 13rn'tlrrc rll•y'r a° Threshold% mina! Rat, Wi 0morr i5un Realer 24870 93,22 9% 35% 56% 4% 44% 68% Lower Keys Monroe County PnhNA'slla° Nartirinldr Pnr�rli o !I_TC-17 ihn,, ]fJCIi l_ rrrrrmGr; • f inN.,i" f3Nr,•1rr arar llrrt+'ing Bnrdrn omr U'o Thrrrlrold n fit%, 5,1. ) 42`1:. 35" n Realer 10394 4314 i3'41 23% Stock Island/ Monrrx County j� ;r, , r„ , ; ! d �r. i�r.,iir Pa,vrr7 r`'n d l It f : d :,,; , I i _ '� � i I .:, r' , • : 11arr.„r�q f3rrrrJrx arrr 17rrrsliUhf maxi Ka,,, , 35":, I/.::.. i':, R ,:; r 37 3G 5111 14% 62% 1?4% 1 8% ALICE IN MONROE COUNTY Population: 74.809 J Number of Households: 29.241 Median Household Income: $53.637 (state average: $45,040) Florida Underemployment Hate for 2012: 15% Gini Coefficient (zero = equality', one = inequality): 0.53 (stale average 0.48) Flow many households are struggling? ALICE, an acronym for Asset Limited. Income Constrained, Employed, are households that earn more than the U.S. poverty evel, but less than the basic cost of living for the county. Combined, the number of poverty and ALICE households equals the total population struggling to afford basic needs. Poverty ALICE j Above ALICE 3.557 HH 10,664 HH 15.020 HH 12% 36°/a 51 % What are the economic conditions? The Economic Viability Dashboard evaluates community conditions for ALICE in three core areas. Each is an index with a scale of 1 (worst) to 100 (best). Housing Job Community Affordability Opportunities Support poor (14) good (67) poor (48) In 2017, the ALICE Report was updated with information based on 2015 American Community Survey. The new information affirms the trend of increased difficulty in being able to afford safe, well -constructed affordable housing. SR BOCC 01.23.19 File 2018-050 Page 4 of 28 Packet Pg. 1835 R.1.a 1 ALICE IN MONROE COUNTY Population: 77,482 1 Number of Households: 31,391 Median Household Income: $61,020 (state average: $49,426) Florida Underemployment Rate for 2015: 11.5% Households EelowrALICE Threshold: 14,509 (46%) How many households are struggling? ALICE is an acronym for Asset Households by Income, 2007 to 2015 Limited, Income Constrained, Employed — households that earn more than the Federal Poverty Level, but less than the basic cost of living for the county (the ALICE Threshold, or AT)- Combined, the number of poverty and ALICE households equals the total population struggling to afford basic needs. The percentage of households below the ALICE Threshold changes overtime (left axis, blue bars) as does the total number of households (right axis, dotted yellow line)_ The Great Recession, from 2007 to 2010, caused hardship for many families_ Conditions started to improve in 201 D and 2D12 for some, but not for all_ SR BOCC 01.23.19 File 2018-050 100% 35,nn0 90% <) 0 O 30,000 80% 70% 25,000 a 6090 0 '0 2n,nn0 � 50% 561 54°la o C 59 15,000 � c 40% � 72% ~ 3045 10,000 a 20% 1895 31% 32% S,Onn 10% 0% 2007 2010 2012 2015 1111111111111PcVertY ALICE Above AT O TotaIHH Page 5 of 28 r Q Packet Pg. 1836 R.1.a What does it cost to afford the basic necessities? The bare -minimum Household Survival Budget does not include any savings, leaving a household vulnerable to unexpected expenses. ALICE households typically earn above the Federal Poverty Level of $11,770 for a single adult and $24,250 for a family of four, but less than the Household Survival) Budget. Household Survival Budget,Monroe County Monthly Costs Housing $1, 200 $1, 635 Child Care S— S1,200 Food $165 $547 Transportation $322 $644 Health Care $165 $634 Miscellaneous $221 $522 Taxes $361 $564 Monthly Totall $2,434 S5,746 ANNUAL TOTAL $29,208 $168,952 (POVERTY ANNUAL TOTAL $11,7701 $24,250 Sources: 2015?oinr-in-lime Data: American Community Survey. ALICE Dwnographics: American Community Survey, the ALICE Thres-hokf. Budget: U.& Depadmerrt of Housing and Urbarr Development (HUD): U.S. Department ofAgrieuRure (USDA): Bureau of LaGor Statistics (BLS): Fntemar Revenue Service )IRS): Florida Department of Educations. Ofrrce of Early Learning. 2 3 Additionally, Monroe County suffered the loss of a significant 4 number of housing units due to damage caused by Hurricane Irma on 5 September 10, 2017. The BOCC has acknowledged that the pre- 6 existing affordable housing issues facing the County are even greater 7 and more immediate now due to storm -related losses. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 As noted, this amendment is being proposed as a small scale amendment. Section 163.3187, F.S., establishes the process for adoption of a small-scale comprehensive plan amendment and provides the limitations and requirements (see below). (1) A small scale development amendment may be adopted under the following conditions: (a) The proposed amendment involves a use of 10 acres or fewer and: (b) The cumulative annual effect of the acreage for all small scale AUE Big Cappitt Key C AP 880 4`g Big Pine Key CDP 1 922 4::: Ct4Ge Key CDP 951 §`_% Islamo- ada 2 013 4 T __ Key Colony Beaeh 'a91 3`. Key Largo CGP 1237 4-:- Key West 9 524 -= Key west CC 11 9'2 - Low Keys CCD 9+0 4 -. Marathon ? 333 ==- Middle Keys CCD 3. 819 -= North Key Larga CDP 4D1 23-, Stock Island CDP 1,162 651. Tavernier CDP 897 54:i. Upper Keys CCD 8,130 48'e development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year. (c) The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site -specific small scale development activity. However, text changes that relate directly to, and are adopted simultaneously with, the small scale future land use map amendment shall be permissible under this section. (d) The property that is the subject of the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of s. 420.0004(3), and is located within an area of critical state concern designated by s. 380.0552 or by the Administration Commission pursuant to s. 380.05(1). SR BOCC 01.23.19 File 2018-050 Page 6 of 28 Packet Pg. 1837 R.1.a I 2 (2) Small scale development amendments adopted pursuant to this section require only one public 3 hearing before the governing board, which shall be an adoption hearing as described in s. 4 163.3184(11). 5 6 7 (4) Comprehensive plans may only be amended in such a way as to preserve the internal 8 consistency of the plan pursuant to s. 163.3177. Corrections, updates, or modifications of current 9 costs which were set out as part of the comprehensive plan shall not, for the purposes of this act, 10 be deemed to be amendments. 11 12 While staff agrees with the position that inadequate availability of affordable housing is currently a 13 primary issue facing unincorporated Monroe County, staff is also reviewing the proposed amendment 14 for consistency with State Statutes (including 163.3187, F.S., above), Rules, internal consistency with 15 the Comprehensive Plan and balancing all the requirements and policy issues. 16 17 Concept Meeting 18 In accordance with LDC Section 102-158(a), a concept meeting was held on May 9, 2018 to discuss 19 proposed Comprehensive Plan text amendment. It was determined that the proposed text amendment 20 will not have a county -wide impact because it is a proposed site specific sub -area policy that would 21 affect the one (1) parcel identified in the application. 22 23 Community Meeting and Public Participation 24 In accordance with LDC Sections 102-158(a) and 102-159(b), a community meeting was held on May 25 31, 2018 at 5:30 PM to discuss the proposed Comprehensive Plan text amendment, and corresponding 26 proposed Future Land Use Map (FLUM) and Land Use District (Zoning) Map amendments, and 27 provide for public participation. The was one attendee and the main topic of conversation was the total 28 number of units on the site and potential site layout and configuration options for the additional 29 dwelling units. 30 31 Development Review Committee and Public Input 32 At a regular meeting held on May 29, 2018, the Development Review Committee (DRC) considered 33 the proposed Comprehensive Plan text amendment, and corresponding proposed Future Land Use 34 Map (FLUM) and Land Use District (Zoning) Map amendments, and provided for public comment. 35 The DRC recommended approval of the proposed text amendment through DRC Resolution 24-18. 36 37 Planning Commission Review and Recommendation 38 At a regular meeting on July 25, 2018 the Planning Commission held a public hearing and considered 39 the proposed subarea policy Comprehensive Plan text amendment and corresponding FLUM and LUD 40 map amendments and provided for public comment. The Planning Commission considered the 41 application, the staff report, and the comments from the public in their discussion, and 42 recommended approval with changes, as discussed at the public hearing, of the proposed 43 Comprehensive Plan text amendment (Resolution P25-18). The changes requested related to the 44 text amendment to the Comprehensive Plan that would create a sub area policy for the property. The 45 changes requested that the sixteen (16) new units would consist of five (5) moderate income, five (5) 46 median income and six (6) low income affordable allocations. 47 SR BOCC 01.23.19 Page 7 of 28 File 2018-050 Packet Pg. 1838 R.1.a 2 3 4 III. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS 6 The Applicant's proposed text, as submitted on March 12, 2018, is shown in green and underlined, 7 deletions are stfi ke thr- ,ttg . The Applicant submitted revised text on July 9, 2018 and July 12, 2018 8 that is shown in blue and underlined, deletions are stfieken �hf:ettgl,, 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 GOAL 107 Monroe County shall regulate land use and development activities of scarified portions of property with 50 percent or more environmentally sensitive land that contains an existing nonconforming use by the enactment of area -specific regulations that allow development to occur subject to limitations and conditions designed to protect natural resources. For this Goal to be used, scarified portions of property shall not have been created purposefully without benefit of permit(s) as evidenced by pictorial aerial examination and/or other means available to the Growth Management Division. Objective 107.1 Monroe County shall coordinate land use with the elements of the Comprehensive Plan through Future Land Use Element subarea policies solely applicable to a specific geographic area. These subarea policies identify parcels of land that require narrowly -tailored regulation in order to confine development potential to an area or extent less than the maximum development potential allowed by its underlying Future Land Use Map category. The development parameters established for each subarea shall be based either on an inventory of uses and facilities established on the parcel or by data and analysis supporting the specific subarea limitations. Environmentally sensitive areas shall be preserved through the application of such methods as conservation easements that require mandatory eradication of exotic invasive vegetation. Policy 107.1.7 Coco Palms Affordable Housing Sub Area 35 The purpose of Coco Palms Affordable Housing Sub Area is to implement applicable goals, 36 objectives, and policies of the Comprehensive Plan to promote and facilitate development of 37 affordable housing to meet the needs of Monroe County. 38 1) Boundary. The Coco Palms Affordable Housing Sub Area shall be shown on the Official Land 39 Use District Map to include the upland portion of the property having Real Estate Number 40 00174960-000000, which consists of approximately 2.30 acres of upland, and is legally described 41 as follows (upland portion: SR BOCC 01.23.19 File 2018-050 Page 8 of 28 Packet Pg. 1839 R.1.a A portion of Lot 30 karma a subdivision of Government Lots 3 and 4 in Section 29, Township 65 South, Range 28 East, Cudjoe Key, Monroe County, Florida, recorded in Plot Book 2, Page 48 of the Public Records of Monroe County, Florida, and beinj more portioulorly described as follows: BEGIN at the Southwest corner of said Lot 30; thence N 00'28'49' W along the Westerly Line of said Lot 30 for a distance of 431.51 feet; thence N 89'31'11' E for a distance of thence N 4T54'16' E a distance of 6.89 feet; thence N 62'43'59' E a distance of 17.84 feet; thence N 7445'27' E for a distance of 25.07 feet; thence N 52-36-11' E for a distance of 6.04 feet; thence N 18'29'29' E for a distance of 10.62 feet; thence N 13'02'59' E for a distance of 26,10 feet; thence N 51'09'27' E for a distance of 8.57 feet'; thence N 7625'20' E for a distance of 49.23 feet; thence N ST33'07" E for a distance of 20.07 foot; thence N 71'51'34' 6 for a dietonce of 29,03 foot; thence S 75'26'35' E for a distance of 8,32 feet; thence S 3622'15' E for a distance of 16.80 feet; thence S 1741'11' E for a distance of 31.84 feet; thence S 13'57'59' E for a distance of 38.49 feet; thence 5 26'21'12' E for a distance of 5,72 feet to the Easterly Une of said Lot 30; thence S 40'28'49' E along the said said Easterly Line of said Lot 30 for in distance of 464.64 feet to the Southeast corner of said Lot 30; theme N 79'07'38' W along the South Line of said Lot 30 (also being the Northerly Right —of —Way Line of 04d State Road 4A) for a distance of 91.48 feet to a point of curvature of a curve concave to the South; thence in a Westerly direction along the curve, having a radius of 2025.86 feat; a Central angle of ll3'09'58% a chord bearing of N 8('42'37' IN and a chord length of 111.93 feet, for an arc distance of 111.95 feet to the Point of Beginning. Containing 100,3% sq. ft. or 2.30 Acres, more or less, 2 3 2) Land Use Designations. The Coco Palms Affordable Housing Subarea shall be subject to all 4 regulations applicable to the Mixed Use / Commercial (MC) Future Land Use Map designation and 5 the Suburban Commercial (SC) Land Use District (Zoning) category, as well as the additional 6 restrictions set forth in this Policy. Where conflicts may arise, the specific restriction in this Sub Area 7 Policy shall supersede the general criteria Mpplicable to the underlying Future Land Use designation 8 and Land Use District (Zoning) Category. 9 10 3) Density Provisions 11 a) For consistency with Policy 101.5.26, in order to implement the Florida Keys Carry 12 Capacity Study and maintain the overall County allocated density and the preservation of 13 native habitat, the allocated density for the Coco Palms Affordable Housing Sub Area shall 14 be seventeen (17). 15 b) There shall be no maximum net density standard available for market rate dwelling units. 16 c) The maximum floor area ratio (F.A.R.) for all nonresidential uses within the subarea shall 17 be zero. 18 d) In accordance with Policy "'�0 101.5.25, the following _ density ensity and intensity standards 19 shall be applicable to the Coco Palms Affordable Housing Sub Area. 20 Land Use Allocated Maximum Gross Upland Open Space Ratio Buildable Development Density Net Density Area Potential Area of Site SR BOCC 01.23.19 Page 9 of 28 File 2018-050 Packet Pg. 1840 R.1.a Market Rate 0 du/acre N/A N/A N/A N/A 0 du/acre Dwelling Units Affordable Dwelling Units 0 du/acre 18 du/ 2.30 acres 0.20 1.84 33 du buildable acre Nonresidential N/A N/A N/A N/A N/A 0 sf Uses 1 2 4) Only the land uses listed below shall be Permitted within the Coco Palms Affordable Housing Sub 3 Area 4 a) Permitted as of right. 5 i. Deed restricted affordable dwelling units. 6 ii. Accessory Uses 7 b) Permitted use limitations. 8 i. All residential units constructed within the subarea shall be deed restricted 9 affordable in accordance with Policy 601:1.4 10 ii. No market rate housing shall be allocated, assigned, transferred to the Coco Palms 11 Affordable Housing Sub Area, or otherwise developed within the Coco Palms 12 Affordable Housing Sub Area. 13 iii. Properties within the Coco Palms Affordable Housing Sub Area shall not be 14 eligible sender sites for affordable housing ROGO exemptions or TREs, and 15 iv. No other residential or nonresidential uses shall be permitted within the subarea. 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STAFF -RECOMMENDED CHANGES TO PROPOSED AMENDMENT 2 3 As noted above, the Applicant's proposed text, as submitted on March 12, 2018, is shown in green 4 and underlined, deletions are stfiekeff t-hfeffo. The Applicant submitted revised text on July 9, 2018 5 and July 12, 2018 that is shown in blue and underlined, deletions are stfi ke thf: ,,,,.h,. 6 7 Based on the analysis provided in the table on the previous pages, staff s recommended changes to the 8 proposed text amendment are as follows (staff recommendations are shown with deletions in purple 9 with a and additions in purple with a double underline); changes recommended 10 by the Planning Commission in Resolution P25-18 (includes changes proposed by staff as noted above 11 and changes by the Planning Commission at the Planning Commission hearing) are shown in orange 12 with deletions shown as a &tt4le st gh, and additions in as a double underline. 13 14 Following the July 15, 2018 Planning Commission Meeting, to resolve concerns raised about the 15 applicability of Florida Statutes Chapter 723, the applicant submitted revised text on December 20, 16 2018 shown in red and underlined, deletions are sti4ekeo �ht:eeo. Staff recommendations are shown 17 with deletions in highlighted purple with ael� and additions in highlighted purple 18 with a double underline: 19 20 ***** 21 GOAL 107 22 Monroe County shall regulate land use and development activities of scarified portions of property 23 with 50 percent or more environmentally sensitive land that contains an existing nonconforming use 24 by the enactment of area -specific regulations that allow development to occur subject to limitations 25 and conditions designed to protect natural resources. For this Goal to be used, scarified portions of 26 property shall not have been created purposefully without benefit of permit(s) as evidenced by pictorial 27 aerial examination and/or other means available to the Growth Management Division. 28 29 Objective 107.1 30 Monroe County shall coordinate land use with the elements of the Comprehensive Plan through Future 31 Land Use Element subarea policies solely applicable to a specific geographic area. These subarea 32 policies identify parcels of land that require narrowly -tailored regulation in order to confine 33 development potential to an area or extent less than the maximum development potential allowed by 34 its underlying Future Land Use Map category. The development parameters established for each 35 subarea shall be based either on an inventory of uses and facilities established on the parcel or by data 36 and analysis supporting the specific subarea limitations. Environmentally sensitive areas shall be 37 preserved through the application of such methods as conservation easements that require mandatory 38 eradication of exotic invasive vegetation. 39 40 ***** 41 42 Policy 107.1.7 Coco Palms Affordable Housing Sub-Aarea 43 44 The purpose of Coco Palms Affordable Housing Sub—Aarea is to implement applicable _goals, 45 objectives, and policies of the Comprehensive Plan to promote and facilitate development of 46 affordable housing to meet the needs of Monroe County. SR BOCC 01.23.19 Page 14 of 28 File 2018-050 Packet Pg. 1845 R.1.a 1 1) Boundary. The Coco Palms Affordable Housing Sub-Aarea shall ' ' ~ - ~ ~~ `' ^`k -: -' 1-~ a 2 include the upland Portion of the Property having Real Estate Number 3 00174960-000000, which consists of approximately 2.30 acres of upland, and is legally described 4 as follows (inland portion LEGAL DESCRIPTION (Upland): A portion of Lot 30 Socarma a subdivision of Government Lots 3 and 4 in Section 29, Township 66 South, Range 28 East, Cudjoe Key, Monroe County, Florida, recorded in Plot Book 2, Page 48 of the Public Records of Monroe County, Florida, and being more particularly described as follows: BEGIN at the Southwest corner of said Lot 30; thence N 00'28'49" W along the Westerly Line of said Lot 30 for a distance of 431.51 feet; thence N 49'54'16" E a distance of 6.89 feet; thence N 62'43'59" E a distance of 17.84 feet; thence N 74'45'27" E for a distance of 25.07 feet; thence N 52'36'11" E for a distance of 6.04 feet; thence N 18'29'29" E for a distance of 10.62 feet; thence N 13'02'59" E for o distance of 26.10 feet; thence N 51'09'27" E for a distance of 8.57 feet'; thence N 76'25'20" E for a distance of 49.23 feet; thence N 83'33'07" E for a distance of 20,97 feet; thence N 71'51'34" E for o distance of 29.93 feet; thence S 75'26'35" E for a distance of 8.32 feet; thence S 36'22'15" E for a distance of 16.80 feet; thence S 12'41'11" E for a distance of 31.84 feet; thence S 13'57'59" E for a distance of 38.49 feet; thence S 26'21'12" E for a distance of 5.72 feet to the Easterly Line of said Lot 30; thence S 00'28'49" E along the said said Easterly Line of said Lot 30 for a distance of 464.64 feet to the Southeast corner of said Lot 30; thence N 79'07'38" W along the South Line of said Lot 30 (also being the Northerly Right —of —Way Line of Old State Road 4A) for a distance of 91.48 feet to a point of curvature of a curve concave to the South; thence in a Westerly direction along the curve, having a radius of 2025.86 feet; a Central angle of 03'09'58", a chord bearing of N 8942'37" W and a chord length of 111.93 feet, for an arc distance of 111.95 feet to the Point of Beginning. 6 Containing 100,371 sq. ft. or 2.3 Acres, more or less. f 00174960-000000 6 � , 1 Cudjoe Key Mile Marker 22 7 8 2) Land Use Designations. The Coco Palms Affordable Housing cSubarea shall be subject to 9 all regulations applicable to the Mixed Use / Commercial (MC) Future Land Use Map designation and 10 the Suburban Commercial (SC) Land Use District (Zoning) category, as well as the additional 11 restrictions set forth in this Policy. Where conflicts may arise, the specific restriction in this Sub Area 12 Policy shall supersede the general criteria Mplicable to the underlying Future Land Use designation 13 and Land Use District(Zoning) CategoKy. In no case shall the subarea policy allow development 14 notential greater than the underlviniz FLUM cateszory or Land Use (Zoniniz) District. 15 3) Density Provisions 16 a) For consistency with Policy 101.5.26, in order to implement the Florida Keys Carry 17 Capacity Study and maintain the overall County allocated density and the preservation of SR BOCC 01.23.19 Page 15 of 28 File 2018-050 Packet Pg. 1846 R.1.a I native habitat, the allocated density for the Coco Palms Affordable Housing Sub-Aarea 2 shall be seventeen, 7, zero (0). 3 b) There shall be no maximum net density standard available for market rate dwelling units 4 or transient units. 5 c) The maximum floor area ratio (F.A.R.) for all nonresidential uses within the subarea shall 6 be zero. 7 d) In accordance with Policy "'�0 101.5.25, the following _ density ensity and intensity standards 8 shall be Mpplicable to the Coco Palms Affordable Housing Sub-Aarea. Vol, Estimated Maximum Development Potential Land Use Allocated Maximum Net Density Gross Upland Area of Open Space Ratio Buildable Area Development Density Potential Site Market Rate 0 du/acre N/A N/A N/A N/A 0 du/acre Dwelling Units Affordable Dwelling Units 0 du/acre 18 du/ 2.30 acres* 0.20 1.84 33 du* buildable acre Transient Units 0 du/acre 0 du/acre N/A N/A N/A 0 du/acre Nonresidential NA 0.0 N/A N/A N/A N/A 0 sf Uses FAR 10 * 100,359 sf (2.3 acres) per survey by Frederick H. Hildebrandt, Island Surveying. Inc.. dated 11 12/5/17. 12 13 4) Only the land uses listed below shall be permitted within the Coco Palms Affordable Housing Sub 14 -Aarea 15 a) Permitted as of right. 16 i. Deed restricted attached or detached affordable dwelling units; involving less than 17 six units, designated as employee housing as provided for in LDC Section 139-1: 18 ii. Accessory Usk 19 iii. Replacement of deed restricted affordable dwelling units (mobile homes) which are 20 as of the effective date of this Policy subject to Chapter 723, Florida Statutes, in the SR BOCC 01.23.19 Page 16 of 28 File 2018-050 Packet Pg. 1847 R.1.a I event of substantial damage or destruction, for so long as such deed restricted 2 affordable dwelling units (mobile homes) are subject to Ch. 723, Florida Statutes. 3 b) Permitted as a minor conditional use subject to the standards and procedures set forth in 4 the Monroe County Land Development Code Chapter 110, Article III. 5 i. Attached or detached deed restricted affordable dwelling units involving six (6) or 6 more units, designated as employee housing as provided for in Section 139-1 of the 7 Land Development Code. 8 c) Permitted use limitations. 9 i. All residential units constructed within the subarea shall be deed restricted 10 affordable in accordance with Policy 601.1.4-_ 11 ii. No market rate housing shall be allocated, assigned, transferred to the Coco Palms 12 Affordable Housing Sub-Aarea, or otherwise developed within the Coco Palms 13 Affordable Housing Sub-Aarea-= 14 iii. Properties within the Coco Palms Affordable Housing Sub—Aarea shall not be 15 eligible sender sites for affordable housing ROGO exemptions or TREs, 16 iv. No other residential or nonresidential uses shall be permitted within the subarea-.,-, 17 and 18 vii. All new residential units developed within the subarea shall be sub* ect to the ROGO 19 permit allocation system.=and the resulting sixteen (16) new units shall consist of 20 five (5) moderate income. five (5) median income and six (6) low income 21 affordable allocations. 22 23 The two main changes in the revised text submitted on December 20, 2018 are to address applicability of 24 Florida Statutes Chapter 723 to two (2) of the mobile homes on the property and to specify the permitted 25 and conditional uses within the proposed subarea policy text. 26 27 Staff has found that the addition of language allowing that the replacement of deed restricted affordable 28 dwelling units (mobile homes) which are subject to Chapter 723, Florida Statutes, may be permitted, for 29 so long as such deed restricted affordable dwelling units (mobile homes) are subject to Ch. 723, Florida 30 Statutes, provides sufficient protection for the mobile home owners and complies with Florida Statues. 31 32 The proposed subarea policy would allow the development of up to five (5) attached or detached 33 affordable dwelling units, designated as employee housing as provided for in LDC Section 139-1, as-of- 34 right. The development of six (6) or more attached or detached deed restricted affordable dwelling units, 35 designated as employee housing as provided for in LDC Section 139-1, would require a minor conditional 36 use permit. 37 38 Currently, the Suburban Commercial (SC) zoning district allows the development of up to 5 attached or 39 detached deed restricted affordable dwelling units, designated as employee housing as provided for in 40 LDC Section 139-1, as of right; the development of 6 to 18 attached or detached deed restricted affordable 41 dwelling units, designated as employee housing as provided for in LDC Section 139-1, as a minor 42 conditional use; and the development of more than 18 attached or detached deed restricted affordable SR BOCC 01.23.19 Page 17 of 28 File 2018-050 Packet Pg. 1848 R.1.a dwelling units, designated as employee housing as provided for in LDC Section 139-1, as a major conditional use. Through the processing of a text amendment to establish a subarea policy in the Comprehensive Plan, the density, intensity, permitted and conditional uses, prohibited uses and location are clearly identified, discussed and evaluated. Additionally, the recommended language of the proposed subarea policy includes a specific distribution of affordable allocations in the low, median and moderate income categories as recommended by the Planning Commission through Resolution P25-18. A minor conditional use approval is reviewed by Staff and the Development Review Committee, and may be approved by the Planning Director. The Planning Director has the authority to impose conditions on a minor conditional use approval. Additionally, this process still allows for public input and engagement. 14 VI. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE LOWER 15 KEYS LIVABLE COMMUNIKEYS PLAN, THE PRINCIPLES FOR GUIDING 16 DEVELOPMENT, AND FLORIDA STATUTES. A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe County 2030 Comprehensive Plan. Specifically, it furthers: Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County residents and visitors, and protect valuable natural resources. Objective 101.3 Monroe County shall regulate new residential development based upon the finite carrying capacity of the natural and man-made systems and the growth capacity while maintaining a maximum hurricane evacuation clearance time of 24 hours. Policy 101.3.3 Monroe County shall allocate at least 20% of the annual allocation, or as may be established by the State of Florida, pursuant to Administration Commission Rules, to affordable housing units as part of ROGO. Any portion of the allocations not used for affordable housing shall be retained and be made available for affordable housing from ROGO year to ROGO year. Affordable housing eligible for this separate allocation shall meet the criteria specified in Policy 601.1.4 and the Land Development Code, but shall not be subject to the competitive Residential Permit Allocation and Point System in Policy 101.6.4. Any parcel proposed for affordable housing shall not be located within an area designated as Tier I as set forth under Goal 105 or within a Tier III -A Special Protection Area as set forth in Policy 205.1.1. Objective 101.5 Monroe County shall regulate future development and redevelopment to maintain and enhance the character of the community and protect natural resources by providing for the compatible distribution of land uses consistent with the designations shown on the Future Land Use Map. Policy 101.5.6 SR BOCC 01.23.19 Page 18 of 28 File 2018-050 Packet Pg. 1849 R.1.a I The principal purpose of the Mixed Use/Commercial (MC) future land use category is to provide 2 for the establishment of mixed use commercial land use (zoning) districts where various types of 3 commercial retail and office may be permitted at intensities which are consistent with the 4 community character and the natural environment. Employee housing and commercial apartments 5 are also permitted. In addition, Mixed Use/Commercial land use districts are to establish and 6 conserve areas of mixed uses, which may include maritime industry, light industrial uses, 7 commercial fishing, transient and permanent residential, institutional, public, and commercial 8 retail uses. 9 This future land use category is also intended to allow for the establishment of mixed use 10 development patterns, where appropriate. Various types of residential and nonresidential uses may 11 be permitted; however, heavy industrial uses and similarly incompatible uses shall be prohibited. 12 The County shall continue to take a proactive role in encouraging the preservation and 13 enhancement of community character and recreational and commercial working waterfronts. 14 In order to protect environmentally sensitive lands, the following development controls shall apply 15 to all hammocks, pinelands, and disturbed wetlands within this land use category: 16 1. only low intensity commercial uses shall be allowed; 17 2. a maximum floor area ratio of 0.10 shall apply to nonresidential development; and 18 3. maximum net residential density shall be zero. 19 20 In order to preserve and promote recreational and commercial working waterfront uses, as defined 21 by [Section] 342.07, F.S., the following criteria shall apply to all lands designated with the 22 Maritime Industries (MI) land use (zoning) district within this land use category: 23 1. When a mixture of uses is proposed for parcels designated as MI land use (zoning) district, 24 working waterfront and water dependent uses, such as marina, fish house/market, boat repair, 25 boat building, boat storage, or other similar uses but excluding transient uses, shall be 26 preserved by maintaining a minimum of 35% of the upland area of the property for those 27 uses. 28 To incentivize additional preservation of recreational and commercial working waterfront uses, 29 the following shall be available: 30 i. For the preservation of 3650% of the upland area of property for working waterfront 31 and water dependent uses, up to 20,000 square feet of nonresidential floor area from the 32 NROGO bank shall be provided to the property; and 33 ii. For the preservation of 50% or more of the upland area of property for working 34 waterfront and water dependent uses, the residential density on the property may be 35 developed pursuant to the maximum net density standard without the use of TDRs. 36 2. Parcels within the MI zoning district that have existing wet slips shall preserve at least 20% 37 of the wet slips for vessels involved with recreational and commercial working waterfront 38 uses, excluding live -aboard vessels solely used as a residence and not for navigation. 39 3. Parcels within the MI zoning district creating new wet slips shall preserve at least 10% of the 40 wet slips for vessels involved with recreational and commercial working waterfront uses, 41 excluding live -aboard vessels solely used as a residence and not for navigation. SR BOCC 01.23.19 Page 19 of 28 File 2018-050 Packet Pg. 1850 R.1.a 2 3 4 G 9 10 11 12 13 14 15 16 17 18 19 20 4. The preservation of dockage for recreational and commercial working waterfront uses shall be documented on the final development plan and shall be a written condition of any permit approval. 5. For permanent residential development, parcels within the MI zoning district shall be limited to commercial apartments or employee housing. Commercial apartment means an attached or detached residential dwelling unit located on the same parcel of land as a nonresidential use that is intended to serve as permanent housing for the owner or employees of that nonresidential use. The term does not include a tourist housing use or vacation rental use. 6. The preservation of a public access walkway, and a public access boat launch if one already exists, shall be required for all parcels with direct access to the water. Consideration shall be given to security and the physical constraints of the parcel. The public access walkway shall be documented on the final development plan to link a continuous walkway and shall be a written condition of any permit approval. 7. Parcels within the MI zoning district shall be limited to commercial retail uses of less than 5,000 square feet of floor area. Policy 101.5.25 Monroe County hereby adopts the following density and intensity standards for the future land use categories, which are shown on the FLUM and described in Policies 101.5.1 - 101.5.20. Future Land Use Densities and Intensities Residential (i) Nonresidential Minimum Open Space Future Land Use Category And Corresponding p g Ratio �a Allocated Density (a) Maximum Net Density Maximum Intensity Zoning (per upland acre) (a) �,� (per buildable acre) (floor area ratio) Mixed Use/Commercial 1 du (DR, MU, MI) 2 du (MI) (MC)(o(g) 3 du (SC) 6-18du (SC) (k) (SC, UC, DR, RV, MU 6 du (UC) 12 du (UC) 0.10-0.45 0.20 and Commercial Apartments 12-18 du (MU) (k) (SC, UC, DR, MU) MI zoning) (RV) (h) 18 du (DR) <2,500 SF (RV) 5-15 rooms/spaces 10-25 rooms/spaces 0.30-0.60 (MI) Notes: (a) The allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves shall be 0 and the maximum net density bonuses shall not be available. (b) The Maximum Net Density is the maximum density allowable with the use of TDRs, or for qualifying affordable housing development. TDRs can be utilized to attain the density between the allocated density standard up to the maximum net density standard. Deed restricted affordable dwelling units may be built up to the maximum net density without the use of TDRs. "N/A" means that maximum net density bonuses shall not be available. Buildable acres means the portion of a parcel of land that is developable and is not required open space. (c) Additional open space requirements may apply based on environmental protection criteria; in these cases, the most restrictive requirement shall apply. (d) Future land use categories of Agriculture/Aquaculture, Education, Institutional, Preservation, Public Buildings/Lands, and Public Facilities, which have no directly corresponding zoning, may be used with new or existing zoning districts as appropriate. SR BOCC 01.23.19 File 2018-050 Page 20 of 28 Packet Pg. 1851 R.1.a (e) Within the Mainland Native future land use district, campground spaces and nonresidential buildings shall only be permitted for educational, research or sanitary purposes. (t) For properties consisting of hammocks, pinelands or disturbed wetlands within the Mixed Use/ Commercial and Mixed Use/ Commercial Fishing future land use categories, the maximum floor area ratio shall be 0.10 and the maximum net density bonuses shall not be available. (g) A mixture of uses shall be maintained for parcels designated as MI zoning district that are within the MC future land use category. Working waterfront and water dependent uses, such as marina, fish house/market, boat repair, boat building, boat storage, or other similar uses, shall comprise a minimum of 35% of the upland area of the property, adjacent to the shoreline, pursuant to Policy 101.5.6. (h) In the RV zoning district, commercial apartments shall be allowed, not to exceed 10% of total spaces allowed or in existence on the site, whichever is less. (i) The allocated density for the CFSD-20 zoning district (Little Torch Key) shall be 1 dwelling unit per acre, or 1 dwelling unit per parcel for those parcels existing as of September 15, 1986, whichever is less, and the maximum net density bonuses shall not be available. Residential density shall be allowed in addition to the permitted nonresidential uses and intensity (i.e., density and intensity shall not be counted cumulatively). 0) Within IS subdivisions with primarily single family residential units, IS-D zoning may be used with a RM future land use designation for platted lots which have a duplex that was lawfully established prior to September 15, 1986. (k) The maximum net density shall be 25 du/buildable acre for the UR zoning district and shall be 18 du/buildable acre for the MU and SC zoning district for development where all units are deed restricted affordable dwelling units. For the UR zoning district market rate housing may be developed as part of an affordable or employee housing project with a maximum net density not exceeding 18 du/buildable acre. (1) Vessels, including live -aboard vessels, or associated wet slips are not considered dwelling units and do not count when calculating density. 2 Policy 101.5.26 3 In order to continue to implement the Florida Keys Carrying Capacity Study, Monroe County shall 4 promote the reduction in overall County residential density and the preservation of Monroe 5 County's native habitat by enacting legislation which implements the following policy statements 6 for private applications for future land use map amendments which increase allowable residential 7 allocated density. Private application(s) means those applications from private entities with 8 ownership of the upland development and parcel(s) of land or includes private upland development 9 on County -owned land. 10 11 Private applications requesting future land use map designation amendments received after the 12 effective date of this ordinance (Nov. 20, 2012), which propose increases in allocated residential 13 density shall be required, upon amendment approval, to comply with either option (1) or (2) 14 below:... 15 16 Goal 102: Monroe County shall direct future growth to lands which are most suitable for 17 development and shall encourage conservation and protection of environmentally sensitive lands 18 (wetlands, beach berm and tropical hardwood hammock). 19 20 Policy 105.2.1 21 Monroe County shall designate all lands outside of mainland Monroe County, except for the Ocean 22 Reef planned development, into three general categories for purposes of its Land Acquisition 23 Program and smart growth initiatives in accordance with the criteria in Policy 205.1.1. These three 24 categories are: Natural Area (Tier 1); Transition and Sprawl Reduction Area (Tier II) on Big Pine 25 Key and No Name Key only; and Infill Area (Tier III). The purposes, general characteristics, and 26 growth management approaches associated with each tier are as follows: SR BOCC 01.23.19 Page 21 of 28 File 2018-050 Packet Pg. 1852 R.1.a 1 2 3 3. Infill Area (Tier III): Any defined geographic area, where a significant portion of 4 land area is not characterized as environmentally sensitive as defined by this Plan, 5 except for dispersed and isolated fragments of environmentally sensitive lands of 6 less than four acres in area, where existing platted subdivisions are substantially 7 developed, served by complete infrastructure facilities, and within close proximity 8 to established commercial areas, or where a concentration of nonresidential uses 9 exists, is to be designated as an Infill Area. New development and redevelopment 10 are to be highly encouraged, except within tropical hardwood hammock or pineland 11 patches of an acre or more in area, where development is to be discouraged. Within 12 an Infill Area are typically found: platted subdivisions with 50 percent or more 13 developed lots situated in areas with few sensitive environmental features; full 14 range of available public infrastructure in terms of paved roads, potable water, and 15 electricity; and concentrations of commercial and other nonresidential uses within 16 close proximity. In some Infill Areas, a mix of nonresidential and high -density 17 residential uses (generally 8 units or more per acre) may also be found that form a 18 Community Center. 19 20 Policy 105.2.2 21 Monroe County shall maintain overlay map(s) designating geographic areas of the County as one 22 of the Tiers in accordance with the guidance in Policy 105.2.1, which shall be incorporated as an 23 overlay on the zoning map(s) with supporting text amendments in the Land Development 24 Regulations. These maps are to be used to guide the Land Acquisition Program and the smart 25 growth initiatives in conjunction with the Livable CommuniKeys Program (Policy 101.19.1). 26 27 GOAL 203 28 The health and integrity of living marine resources and marine habitat, including mangroves, 29 seagrasses, coral reefs, other hard bottom communities and fisheries, shall be protected and, where 30 possible, restored and enhanced. [§163.3177(6)d.2.d., F.S.; §163.3177(6)d.2.e., F.S.; 31 §163.3177(6)d.2.j., F.S.] 32 33 Objective 203.1 34 Monroe County shall protect its mangrove wetlands by continuing to implement regulations which 35 will further reduce disturbances to mangroves and which will mitigate the direct and indirect 36 impacts of development upon mangroves. [§163.3177(6)d.2.d., F.S.; §163.3177(6)d.2.e., F.S.; 37 §163.3177(6)d.2.j., F.S.] 38 39 Policy 203.1.1 40 The open space requirement for mangrove wetlands shall be one hundred (100) percent. No fill 41 or structures shall be permitted in mangrove wetlands except for elevated, pile -supported 42 walkways, docks, piers and utility pilings. [§163.3177(6)d.2.d., F.S.; §163.3177(6)d.2.e., F.S.; 43 §163.3177(6)d.2.j., F.S.] 44 45 Policy 203.1.2 46 Monroe County shall require minimum vegetated setbacks of fifty (50) feet to be maintained as an 47 open space buffer for development occurring adjacent to all types of wetlands except for tidally SR BOCC 01.23.19 Page 22 of 28 File 2018-050 Packet Pg. 1853 R.1.a inundated mangrove fringes and as provided for in Policy 204.2.3, 204.2.4 and 204.2.5. If a 50- foot setback results in less than 2,000 square feet of principal structure footprint of reasonable configuration, then the setback may be reduced to allow for 2,000 square feet of principal structure footprint of reasonable configuration, provided that the setback is not reduced to less than twenty- five (25) feet. On properties classified as scarified adjacent to wetlands, the wetland setback may be reduced to twenty-five (25) feet, without regard to buildable area, if the entire setback is managed in accordance with County regulations approved by the County Biologist and is placed under conservation easement. [§163.3177(6)d.2.d., F.S.; §163.3177(6)d.2.e., F.S.; §163.3177(6)d.2.j., F.S.] Goal 205: The health and integrity of Monroe County's native upland vegetation shall be protected and, where possible, enhanced. Goal 601: Monroe County shall adopt programs and policies to facilitate access by residents to adequate and affordable housing that is safe, decent, and structurally sound, and that meets the needs of the population based on type, tenure characteristics, unit size and individual preferences. Policy 601.1.4 All affordable housing projects which receive development benefits from Monroe County, including but not limited to ROGO allocation award(s) reserved for affordable housing, maximum net density, or donations of land, shall be required to maintain the project as affordable for a period of 99 years pursuant to deed restrictions or other mechanisms specified in the Land Development Code, and administered by Monroe County or the Monroe County Housing Authority. Policy 601.1.8 Monroe County shall allocate at least 20% of the annual ROGO allocation, or as may be established by the State of Florida, pursuant to Administration Commission Rules, to affordable housing units, as specified in Policy 101.3.3. Affordable housing eligible for this separate allocation must meet the criteria established in the Land Development Code. Policy 601.1.9 Monroe County shall maintain land development regulations which may include density bonuses, impact fee waiver programs, and other possible regulations to encourage affordable housing. B. The proposed amendment is consistent with the Lower Keys Livable Communikeys Plan. Specifically, it furthers: Objective 1.2 Monroe County shall continue to use the Land Use District Map and Future Land Use Map categories to regulate land use by type, density, and intensity. Policy Item 1.2.1: Monroe County shall continue to recognize the FLUM categories and land use districts as the primary regulatory tools for evaluating development proposals. SR BOCC 01.23.19 Page 23 of 28 File 2018-050 Packet Pg. 1854 R.1.a Policy Item 1.2.2: Monroe County shall continue to implement the Florida Keys Area of State Critical Concern and height restriction policies specified within the Monroe County Comprehensive Plan and the Monroe County Land Development Code. Objective 4.2 Monroe County shall encourage affordable and workforce housing in areas identified appropriate for higher intensity commercial, mixed -use, and residential development. C. The amendment is consistent with the Principles for Guiding Development for the Florida Keys Area, Section 380.0552(7), Florida Statutes. For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the principles for guiding development and any amendments to the principles, the principles shall be construed as a whole and no specific provision shall be construed or applied in isolation from the other provisions. (a) Strengthening local government capabilities for managing land use and development so that local government is able to achieve these objectives without continuing the area of critical state concern designation. (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds, wetlands, fish and wildlife, and their habitat. (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and their habitat. (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic development. (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys. (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and ensuring that development is compatible with the unique historic character of the Florida Keys. (g) Protecting the historical heritage of the Florida Keys. (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major public investments, including: 1. The Florida Keys Aqueduct and water supply facilities; 2. Sewage collection, treatment, and disposal facilities; 3. Solid waste treatment, collection, and disposal facilities; 4. Key West Naval Air Station and other military facilities; 5. Transportation facilities; 6. Federal parks, wildlife refuges, and marine sanctuaries; 7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties; 8. City electric service and the Florida Keys Electric Co-op; and 9. Other utilities, as appropriate. SR BOCC 01.23.19 Page 24 of 28 File 2018-050 Packet Pg. 1855 R.1.a 2 (i) Protecting and improving water quality by providing for the construction, operation, 3 maintenance, and replacement of stormwater management facilities; central sewage collection; 4 treatment and disposal facilities; and the installation and proper operation and maintenance of 5 onsite sewage treatment and disposal systems. 6 (j) Ensuring the improvement of nearshore water quality by requiring the construction and 7 operation of wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) 8 and 403.086(10), as applicable, and by directing growth to areas served by central wastewater 9 treatment facilities through permit allocation systems. 10 (k) Limiting the adverse impacts of public investments on the environmental resources of the 11 Florida Keys. 12 (1) Making available adequate affordable housing for all sectors of the population of the Florida 13 Keys. 14 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of 15 a natural or manmade disaster and for a postdisaster reconstruction plan. 16 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and 17 maintaining the Florida Keys as a unique Florida resource. 18 19 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with 20 the Principles for Guiding Development as a whole and is not inconsistent with any Principle. 21 22 D. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute (F.S.). 23 Specifically, the amendment furthers: 24 25 163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve 26 and enhance present advantages; encourage the most appropriate use of land, water, and 27 resources, consistent with the public interest; overcome present handicaps; and deal effectively 28 with future problems that may result from the use and development of land within their 29 jurisdictions. Through the process of comprehensive planning, it is intended that units of local 30 government can preserve, promote, protect, and improve the public health, safety, comfort, 31 good order, appearance, convenience, law enforcement and fire prevention, and general 32 welfare; facilitate the adequate and efficient provision of transportation, water, sewerage, 33 schools, parks, recreational facilities, housing, and other requirements and services; and 34 conserve, develop, utilize, and protect natural resources within their jurisdictions. 35 36 163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the legal 37 status set out in this act and that no public or private development shall be permitted except in 38 conformity with comprehensive plans, or elements or portions thereof, prepared and adopted 39 in conformity with this act. 40 41 163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards, 42 and strategies for the orderly and balanced future economic, social, physical, environmental, 43 and fiscal development of the area that reflects community commitments to implement the plan 44 and its elements. These principles and strategies shall guide future decisions in a consistent 45 manner and shall contain programs and activities to ensure comprehensive plans are 46 implemented. The sections of the comprehensive plan containing the principles and strategies, SR BOCC 01.23.19 Page 25 of 28 File 2018-050 Packet Pg. 1856 R.1.a generally provided as goals, objectives, and policies, shall describe how the local government's programs, activities, and land development regulations will be initiated, modified, or continued to implement the comprehensive plan in a consistent manner. It is not the intent of this part to require the inclusion of implementing regulations in the comprehensive plan but rather to require identification of those programs, activities, and land development regulations that will be part of the strategy for implementing the comprehensive plan and the principles that describe how the programs, activities, and land development regulations will be carried out. The plan shall establish meaningful and predictable standards for the use and development of land and provide meaningful guidelines for the content of more detailed land development and use regulations. 163.3187, F.S. — Process for adoption of small-scale comprehensive plan amendment. (1) A small scale development amendment may be adopted under the following conditions: (a) The proposed amendment involves a use of 10 acres or fewer and: (b) The cumulative annual effect of the acreage for all small scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year. (c) The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site -specific small scale development activity. However, text changes that relate directly to, and are adopted simultaneously with, the small scale future land use map amendment shall be permissible under this section. (d) The property that is the subject of the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of s. 420.0004(3), and is located within an area of critical state concern designated by s. 380.0552 or by the Administration Commission pursuant to s. 380.05(1). (2) Small scale development amendments adopted pursuant to this section require only one public hearing before the governing board, which shall be an adoption hearing as described ins. 163.3184(11). (3) If the small scale development amendment involves a site within a rural area of opportunity as defined under s. 288.0656(2)(d) for the duration of such designation, the 10- acre limit listed in subsection (1) shall be increased by 100 percent to 20 acres. The local government approving the small scale plan amendment shall certify to the state land planning agency that the plan amendment furthers the economic objectives set forth in the executive order issued under s. 288.0656(7), and the property subject to the plan amendment shall undergo public review to ensure that all concurrency requirements and federal, state, and local environmental permit requirements are met. (4) Comprehensive plans may only be amended in such a way as to preserve the internal consistency of the plan pursuant to s. 163.3177. Corrections, updates, or modifications of current costs which were set out as part of the comprehensive plan shall not, for the purposes of this act, be deemed to be amendments. (5)(a) Any affected person may file a petition with the Division of Administrative Hearings pursuant to ss. 120.569 and 120.57 to request a hearing to challenge the compliance of a small scale development amendment with this act within 30 days following the local government's adoption of the amendment and shall serve a copy of the petition on the local SR BOCC 01.23.19 Page 26 of 28 File 2018-050 Packet Pg. 1857 R.1.a I government. An administrative law judge shall hold a hearing in the affected jurisdiction 2 not less than 30 days nor more than 60 days following the filing of a petition and the 3 assignment of an administrative law judge. The parties to a hearing held pursuant to this 4 subsection shall be the petitioner, the local government, and any intervenor. In the 5 proceeding, the plan amendment shall be determined to be in compliance if the local 6 government's determination that the small scale development amendment is in compliance 7 is fairly debatable. The state land planning agency may not intervene in any proceeding 8 initiated pursuant to this section. 9 (b) 1. If the administrative law judge recommends that the small scale development 10 amendment be found not in compliance, the administrative law judge shall submit the 11 recommended order to the Administration Commission for final agency action. If the 12 administrative law judge recommends that the small scale development amendment be 13 found in compliance, the administrative law judge shall submit the recommended order to 14 the state land planning agency. 15 2. If the state land planning agency determines that the plan amendment is not in 16 compliance, the agency shall submit, within 30 days following its receipt, the 17 recommended order to the Administration Commission for final agency action. If the state 18 land planning agency determines that the plan amendment is in compliance, the agency 19 shall enter a final order within 30 days following its receipt of the recommended order. 20 (c) Small scale development amendments may not become effective until 31 days after 21 adoption. If challenged within 30 days after adoption, small scale development 22 amendments may not become effective until the state land planning agency or the 23 Administration Commission, respectively, issues a final order determining that the adopted 24 small scale development amendment is in compliance. 25 (d) In all challenges under this subsection, when a determination of compliance as 26 defined in s. 163.3184(l)(b) is made, consideration shall be given to the plan amendment 27 as a whole and whether the plan amendment furthers the intent of this part. 28 29 163.3201, F.S. — Relationship of comprehensive plan to exercise of land development regulatory 30 authority.It is the intent of this act that adopted comprehensive plans or elements thereof 31 shall be implemented, in part, by the adoption and enforcement of appropriate local regulations 32 on the development of lands and waters within an area. It is the intent of this act that the 33 adoption and enforcement by a governing body of regulations for the development of land or 34 the adoption and enforcement by a governing body of a land development code for an area 35 shall be based on, be related to, and be a means of implementation for an adopted 36 comprehensive plan as required by this act. 37 38 39 VIL PROCESS 40 41 Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the 42 Planning Commission, the Director of Planning, or the owner or other person having a contractual 43 interest in property to be affected by a proposed amendment. The Director of Planning shall review 44 and process applications as they are received and pass them onto the Development Review Committee 45 and the Planning Commission. 46 SR BOCC 01.23.19 Page 27 of 28 File 2018-050 Packet Pg. 1858 R.1.a The Planning Commission shall hold at least one public hearing. The Planning Commission shall review the application, the reports and recommendations of the Department of Planning & Environmental Resources and the Development Review Committee and the testimony given at the public hearing. The Planning Commission shall submit its recommendations and findings to the Board of County Commissioners (BOCC). For a small-scale comprehensive plan amendment, pursuant to Section 163.3187, F.S., the BOCC holds one public hearing to consider the adoption of the proposed comprehensive plan amendment, and considers the staff report, staff recommendation, and the testimony given at the public hearing. VIIL STAFF RECOMMENDATION With the changes as stated in this staff report, staff recommends approval of the proposed amendment creating Policy 107.1.7. Staff recommends that the Board of County Commissioners consider the recommendation of the Planning Commission to include an income category distribution for the dwelling units. For the proposed amendment creating Policy 107.1.7, based on the analysis to date and with the staff - recommended changes as stated in the staff report and shown in the ordinance attached as an exhibit, staff is recommending approval of the proposal to incentivize affordable employee housing on a Tier III property, specifically including the limitation that the only permitted use on the property would be affordable housing at a density of 18 dwelling units per buildable acre, not to exceed a total of 33 dwelling units on the site. IV. EXHIBITS 1. Ordinance SR BOCC 01.23.19 Page 28 of 28 File 2018-050 Packet Pg. 1859 R.1.b 1 2 3 4 5 MONROE COUNTY, FLORIDA 6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 7 ORDINANCE NO. -2019 8 9 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY 10 COMMISSIONERS AMENDING THE MONROE COUNTY 11 COMPREHENSIVE PLAN AS A SMALL-SCALE COMPREHENSIVE 12 PLAN AMENDMENT PURSUANT TO SECTION 163.3187, FLORIDA 13 STATUTES, CREATING POLICY 107.1.7 COCO PALMS AFFORDABLE 14 HOUSING SUBAREA; ESTABLISHING THE BOUNDARY OF THE 15 COCO PALMS AFFORDABLE HOUSING SUBAREA; LIMITING THE 16 PERMITTED USES OF THE SUBAREA TO DEED RESTRICTED 17 AFFORDABLE HOUSING DWELLING UNITS; LIMITING MAXIMUM 18 NET DENSITY FOR AFFORDABLE HOUSING IN THE SUBAREA; AND 19 ELIMINATING ALLOCATED DENSITY AND FLOOR AREA RATIO; 20 FOR PROPERTY LOCATED AT 21585 OLD STATE ROAD 4A, CUDJOE 21 KEY, APPROXIMATELY MILE MARKER 22, HAVING REAL ESTATE 22 400174960-000000, AS PROPOSED BY SMITH HAWKS, PL ON BEHALF 23 OF MOBILE HOMES HOLDINGS COCO, LLC; TO ACCOMPANY A 24 PROPOSED AMENDMENT TO THE FUTURE LAND USE MAP (FLUM) 25 FROM RESIDENTIAL HIGH (RH) AND RESIDENTIAL 26 CONSERVATION (RC) TO MIXED USE / COMMERCIAL (MC); 27 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF 28 CONFLICTING PROVISIONS; PROVIDING FOR INCLUSION IN THE 29 MONROE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN 30 EFFECTIVE DATE. 31 32 33 34 WHEREAS, on March 12, 2018, the Planning and Environmental Resources Department 35 received an application from Barton W. Smith of Smith Hawks PL on behalf of Mobile Home 36 Holdings Coco, LLC "the Applicant," to amend the Monroe County Comprehensive flan to create 37 a subarea policy that would provide development restrictions on a portion of the property located 38 at 21585 Old State Road 4A on Cudjoe Key, including a Limitation that the only permitted use on 39 the property would be affordable housing and accessory uses; and ; and 40 41 WHEREAS, the Applicant has also requested a corresponding Future Land Use Map 42 (FLUM) amendment for the subject property from Residential High (RH; 1.1 acres) and 43 Residential Conservation (RC; 0.6 acres) to Mixed Use 1 Commercial (MC; 1.7 acres) and a Land 44 Use District (Zoning) map amendment for the subject property from Urban Residential (UR; 1.1 45 acres) and Native Area (NA; 0.6 acres) to Suburban Commercial (SC; 1.7 acres); and 46 Ordinance -2019 File 2018-050 Page 1 of 6 Packet Pg. 1860 R.1.b I WHEREAS, on May 29, 2018, the Monroe County Development Review Committee 2 (DRC) reviewed the proposed map amendment; and 3 4 WHEREAS, on May 31, 2018, the applicant held a community meeting, as required by 5 LDC Sections 102-158(a) and 102-159(b), to discuss the proposed Comprehensive Plan text 6 amendment, and corresponding proposed Future Land Use Map (FLUM) and Land Use District 7 (Zoning) Map amendments, and provide for public participation; and 8 9 WHEREAS, following the DRC meeting and the community meeting, the Applicant 10 submitted revised proposed text amendment language for the proposed subarea policy based on 11 staff and public comment; and 12 13 WHEREAS, the Monroe County Planning Commission held a public hearing on the 25`h 14 day of July, 2018, for review and recommendation on the proposed Comprehensive Plan text 15 amendment; and 16 17 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P25-18 18 recommending to the BOCC approval with changes, as discussed during the Planning Commission 19 hearing, of the proposed amendment; and 20 21 WHEREAS, the proposed text amendment qualifies as a small-scale comprehensive plan 22 amendment pursuant to Section 163.3187, Florida Statutes, for which the BOCC holds one public 23 hearing to consider the adoption of the proposed comprehensive plan amendment, and considers 24 the staff report, staff recommendation, and the testimony given at the public hearing; and 25 26 WHEREAS, at a regular meeting held on the 20t' day of February, 2019, the Monroe 27 County Board of County Commissioners held a public hearing to consider adoption of the 28 proposed text amendment, considered the staff report and provided for public comment and public 29 participation in accordance with the requirements of state law and the procedures adopted for 30 public participation in the planning process; 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 33 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 34 35 Section 1. The text of the Monroe County Comprehensive Plan is hereby amended as follows 36 (deletions are shown strieva„ *t,fet k additions are shown underlined): 37 38 Policy 107.1.7 Coco Palms Affordable Housing Subarea 39 40 The purpose of Coco Palms Affordable Housing Subarea is to implement applicable goals 41 objectives and policies of the Comprehensive Plan to promote and facilitate development of 42 affordable housing to meet the needs of Monroe Count . 43 Ordinance -2019 File 2018-050 Page 2 of 6 Packet Pg. 1861 R.1.b 1 1) Boundary. The Coco Palms Affordable Housing Subarea shall include the upland portion 2 of the property having Real Estate Number 00174960-000000, which consists of approximately 2.30 acres of upland, and is legally described as follows (land portion): 4 LEGAL DESCRIPTION (Upland): A portion of Lot 30 Socarma a subdivision of Government Lots 3 and 4 in Section 29, Township 66 South, Range 28 East, Cudjoe Key, Monroe County, Florido, recorded in Plat Book 2, Page 48 of the Public Records of Monroe County, Florida, and being more particularly described as follows: BEGIN at the Southwest corner of said Lot 30; thence N 00'28'49" W along the Westerly Line of said Lot 30 for a distance of 431.51 feet; thence N 49'54'16" E a distance of 6.89 feet; thence N 62'43'59" E a distance of 17.84 feet; thence N 74'45'27" E for a distance of 25.07 feet; thence N 52'36'11" E for a distance of 6.04 feet; thence N 18'29'29" E for a distance of 10.62 feet; thence N 13'02'59" E for a distance of 25.10 feet; thence N 51'09'27" E for a distance of 8.57 feet'; thence N 76'25'20" E for a distance of 49.23 feet; thence N 83'33'07" E for a distance of 20.97 feet; thence N 71'51'34" E for a distance of 29.93 feet; thence S 75'26'35" E for a distance of 8.32 feet; thence S 36'22'15" E for a distance of 16.80 feet; thence S 12'41'11" E for a distance of 31.84 feet; thence S 13757'59" E for a distance of 38.49 feet; thence S 26'21 " 2" E for a distance of 5.72 feet to the Easterly Line Of said Lot 30: thence S 00'28'49" E along the said said Easterly Line of said Lot 30 for a distance of 464.64 feet to the Southeast corner of said Lot 30; thence N 79'07'38" W along the South Line of said Lot 30 (also being the Northerly Right —of —Way Line of Old State Road 4A) for a distance of 91.48 feet to a point of curvature of a curve concave to the South; thence in a Westerly direction along the curve, having a radius of 2025.86 feet; a Central angle of 03'09'58", a chord bearing of N 80'42'37" W and a chord length of 111.93 feet, for an arc distance of 111.95 feet to the Point of Begirning. 5 Containing 100,371 sq. ft. or 2.3 Acres, more or less. 00174960-000000 i �r Cudjoe Key Mile Marker 22 e 7 2) Land Use Designations. The Coco Palms Affordable Housing Subarea shall be subject to 8 all regulations applicable to the Mixed Use / Commercial (MC) Future Land Use Map 9 designation and the Suburban Commercial (SC) Land Use District (Zoning) category, as well 10 as the additional restrictions set forth in this Policy. Where conflicts may arise, the specific 11 restriction in this Sub Area Policy shall supersede the general criteria applicable to the 12 underlying Future Land Use designation and Land Use District (Zoning) Category. In no case 13 shall the subarea policy allow development potential greater than the underlying FLUM 14 category or Land Use (Zoning) District. 15 16 3) Density Provisions 17 a) For consistency with Policy 101.5.26, in order to implement the Florida Keys 18 Carrying CapacityCgpacity Study and maintain the overall County allocated density and the Ordinance -2019 File 2018-050 Page 3 of 6 Packet Pg. 1862 R.1.b I preservation of native habitat, the allocated density for the Coco Palms Affordable 2 Housing; Subarea shall be zero (0). 3 b) There shall be no maximum net density standard available for market rate dwelling 4 units or transient units. 5 c) The maximum floor area ratio (F.A.R.} for all nonresidential uses within the 6 subarea shall be zero. 7 d) In accordance with Policy 101.5.25, the following. density and intensity standards 8 shalI be applicable to the Coco Palms Affordable Housing Subarea. Z Estimated Maximum Development Potential Land Use Allocated Maximum Gross Upland Area of Open Space Ratio Buildable Development Densily Net Density Area Potential Site Market Rate 0 du/acre N/A N/A N/A N/A 0 du/acre Dwelling Units Affordable Dwelling Units 0 du/acre 18 du/ 2.30 acres' 0.20 1,84 33 du* buildable acre Transient Units 0 du/acre 0 du/acrc N/A N/A N/A 0 du/acre Nonresidential 0.0 FAR N/A N/A N/A N/A 0 sf Uses 10 * 100,359 sf (2.3 acres) er survey by Frederick H. Hildebrandt, Island Surveying, Inc., 11 dated 12/5/17. 12 13 4) Only the land uses listed below shall be permitted within the Coco Palms Affordable 14 Housing Subarea 15 a) Permitted as of right. 16 i. Deed restricted attached or detached affordable dwelling units involving 17 less than six units, designated as employee housing as provided for in LDC 18 Section 139-1; 19 ii. Accessory Uses; and 20 iii. Replacement of deed restricted affordable dwelling units (mobile homes) 21 which are as of the effective date of this Policy subject to Chapter 723, Ordinance -2019 File 2018-050 r c m E c a) E Q c a m c m m a E 0 U 0 a c� m 0 Co 0 0 0 U c �a 0 x a� E 0 x m 0 m c c E 0 0 LO 0 00 0D N C a� E r Q Page 4 of 6 Packet Pg. 1863 R.1.b I Florida Statutes, in the event of substantial damage or destruction, for so 2 long as such deed restricted affordable dwelling units (mobile homes) are 3 subject to Ch. 723, Florida Statutes. 4 b) Permitted as a minor conditional use subject to the standards and procedures set 5 forth in the Monroe County Land Development Code Chapter 110, Article 11I. 6 i. Attached or detached deed restricted affordable dwelling units involving six 7 (6) or more units, designated as employee housing as provided for in Section 8 139-1 of the Land Development Code. 9 c) Permitted use limitations. 10 i. All residential units constructed within the subarea shall be deed restricted 11 affordable in accordance with Policy 601.1.4; 12 ii. No market rate housing shall be allocated, assigned, transferred to the Coco 13 Palms Affordable Housing Subarea, or otherwise developed within the 14 Coco Palms Affordable Housing Subarea; 15 iii. Properties within the Coco Palms Affordable Housing Subarea shall not be 16 eligible sender sites for affordable housing ROGO exemptions or TREs; 17 iv. No other residential or nonresidential uses shall be permitted within the 18 subarea; and 19 V. _ All new residential units developed within the subarea shall be subject to 20 the ROGO permit allocation system and the resulting sixteen (16) new units 21 shall consist of five (5) moderate income, five (5) median income and six 22 (6) low income affordable allocations. 23 24 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or 25 provision of this ordinance is held invalid, the remainder of this ordinance shall not 26 be affected by such validity. 27 28 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in 29 conflict with this ordinance are hereby repealed to the extent of said conflict. 30 31 Section 4. Filina and Effective Date. This ordinance shall be filed in the Office of the 32 Secretary of the State of Florida and shall become effective as provided by law. 33 34 Section 5. Inclusion in the Comprehensive Plan. The text amendment shall be incorporated 35 in the Monroe County Comprehensive Plan. The numbering of the foregoing 36 amendment may be renumbered to conform to the numbering in the Monroe County 37 Comprehensive Plan. 38 39 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 40 Florida, at a regular meeting held on the day of , Ordinance -2019 File 2018-050 Page 5 of 6 Packet Pg. 1864 R.1.b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Mayor Sylvia Murphy, District 5 Mayor Pro Tent Danny L. Kolhage, District 1 Commissioner Michelle Coldiron, District 2 Commissioner Heather Carruthers, District 3 Commissioner David Rice, District 4 (SEAL) ATTEST: KEVIN MADOK, CLERK DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor Sylvia Murphy fio OttoEY pots Ordinance -2019 File 2018-050 Page 6 of Packet Pg. 1865